Legal Question in Business Law in California

Re: contract breach NY & CA

The first thing that would be useful to know in more detail is what was actually being sold....you say you invested in 'a product,' but I'm sure what you were actually to receive in exchange for your investment was not a crate-full of DVDs and printed materials; more likely, what you were supposed to get was something in the nature of a security: stock, a membership interest in the LLC, a franchise, units of participation, an investment contract, or something of that ilk. This may be important, because you may be able to bring the sales effort under the securities laws. However, it is very likely that the statute of limitations for a civil action under federal securities law has run out.

In California, however, many securities law violations can be sued upon in a civil action brought within five years (Corporations Code section 25506(b)). With more details, I could evaluate whether this is an availing provision of law in your case.

A breach of contract action based on a written agreement can also be brought (in California, at least) within four years of the date of a breach that is sufficiently serious to give rise to a cause of action for breach of contract.

Before bringing suit, an attorney should first determine proper jurisdiction, then (1) review the contract to identify all the breaches, whether there are attorney-fee or arbitration clauses, and the exact identity of the prospective defendant(s), and (2) research the status of the defendant(s) to see if they have been dissolved or put in bankruptcy, etc.; i.e., whether there is any money reachable by judgment. lot of these scamsters are guardhouse lawyers and know how to recycle their scams without being in jeopardy for their prior offenses.